1. Home
  2. Browse Decisions
  3. So.2d
  4. 928 So.2d
  5. 928 So.2d 1281 (2006)
 

FULMORE v. CHARLOTTE COUNTY

Nos. 2D04-3179, 2D04-3283, 2D04-3293, 2D04-3429, 2D04-3430, 2D05-13, 2D05-17, 2D05-24, 2D05-29, 2D05-2708, 2D05-3315, 2D05-4156, 2D05-4159.

928 So.2d 1281 (2006)

Maureen FULMORE, Appellant, v. CHARLOTTE COUNTY and Murdock Village Community Redevelopment Agency, Appellees. Donald and Lela Replogle, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Keryn P. Newman, Appellant, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Lewis J. Dorsch, Appellant, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Janette McGibbon, Appellant, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Tamora A. Trainor-Kozak as sole heir of William P. Trainor and Marlene E. Trainor, Judith A. Hoover, Allana Kondisko and Joseph R. Kondisko, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Raymond and Kevin Lee, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Allen J. Wagner and Melvin Schlauch, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Genevieve M. Blair, Appellant, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Estate of Mariann L. Burke and Woodland Development Group, LLC, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Dawn Morales, Appellant, v. Charlotte County, and Murdock Village Community Redevelopment Agency, Appellees. Curtis D. Cumming and Ruth A. Cumming, Bruce L. Tippin, James D. Tippin, and William W. Dugan, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees. Curtis D. Cumming, Ruth A. Cumming, Bruce L. Tippin, James D. Tippin, William W. Dugan, Edward DePaiva, Elizabeth DePaiva, and Teresa Berchtold, Appellants, v. Charlotte County and Murdock Village Community Redevelopment Agency, Appellees.

District Court of Appeal of Florida, Second District.

May 31, 2006.

Attorney(s) appearing for the Case

S. William Moore and Amy Brigham Boulris of Brigham Moore, LLP, Miami, for Appellants Maureen Fulmore, Lewis J. Dorsch, Janette McGibbon, Tamora A. Trainor-Kozak, Marlene E. Trainor, Judith A. Hoover, Allana Kondisko, Joseph R. Kondisko, Raymond Lee, Kevin Lee, Allen J. Wagner, Melvin Schlauch, Genevieve M. Blair, Curtis D. Cumming, Ruth A. Cumming, Bruce L. Tippin, James D. Tippin and William W. Dugan.

Ellen J. Neil of Gaylord, Merlin, Diaz, and Bain, Boca Grande, for Appellants Donald and Lela Replogle and Keryn P. Newman.

No appearance for Appellants Edward DePaiva, Elizabeth DePaiva and Teresa Berchtold.

John H. Pelzer and Robert J. Gill of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellees.

Valerie A. Fernandez, Coral Gables, for Amicus Curiae Pacific Legal Foundation.

WHATLEY, Judge.

The Appellants (the Landowners) in these consolidated cases challenge the trial court's orders rejecting their constitutional challenge to the Community Redevelopment Act of 1969 (the Act), §§ 163.330.463, Fla. Stat. (2003), and allowing the taking of their property through the exercise of the power of eminent domain as authorized by the Act. We affirm.

In the findings and declaration of necessity provision of the Act the legislature...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases